Application for Public Health System Nurses’ and Midwives’ (State) Award 2022 [2022] NSWIRComm 1066

Industrial Relations Commission New South Wales Medium Neutral Citation: Application for Public Health System Nurses' and Midwives' (State) Award 2022 [2022] NSWIRComm 1066 Hearing dates: 17 August 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: In matter 2022/00192670 – (1) pursuant to s 10 of the Act, we make an award to be known as the "Public Health System Nurses' and Midwives' (State) Award 2022" in the form of Schedule 1 to the Application for a New Award filed by the Health Secretary on 30 June 2022, save that: (a) the notes which are proposed to be included in cl 11 (Leave for Matters Arising from Family Violence) and cl 45(i) (Termination of Employment) are excluded; (b) cl 11 be amended by adding the following provision: "(vii) This clause does not preclude the application of NSW Health policies which may provide for greater benefits than those set out above." (c) cl 45 be amended by adding the following provision: "(v) This clause does not preclude an employee receiving any greater period of notice of termination to which they might be entitled under s 117 of the Fair Work Act 2009 (Cth)." (2) pursuant to s 17 of the Act, we rescind the Public Health System Nurses' and Midwives' (State) Award 2021. In matter 2022/00192672 – (1) pursuant to s 10 of the Act, we make an award to be known as the "Crown Employees Nurses' (State) Award 2022" in the form of Schedule 1 to the Application for a New Award filed by the Health Secretary on 30 June 2022, save that in cl 13(b) the reference to "Crown Employees Nurses' (State) Award 2019" be amended to read "Crown Employees Nurses' (State) Award 2021"; and (2) pursuant to s 17 of the Act, we rescind the Crown Employees Nurses' (State) Award 2021. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – applications for new awards Legislation Cited: Fair Work Act 2009 (Cth) s 117 Industrial Relations Act 1996 ss 3, 10, 23, 146, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cll 6, 6A Cases Cited: Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Texts Cited: Nil Category: Principal judgment Parties: Health Secretary (Applicant) New South Wales Nurses and Midwives' Association (Respondent) Representation: S Huang, Crown Solicitor's Office (Applicant) R Beard, NSWNMA (Respondent) File Number(s): 2022/00192670 and 2022/00192672 Publication restriction: No